Shantibhai Vikrambhai Boricha vs State Of Gujarat
2023 Latest Caselaw 231 Guj

     C/SCA/24633/2022                            FARAD DATED: 09/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/SPECIAL CIVIL APPLICATION NO. 24633 of 2022
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SHANTIBHAI VIKRAMBHAI BORICHA Versus STATE OF GUJARAT ========================================================== Appearance:

MR HITESH P PRAJAPATI(12819) for the Petitioner(s) No. 1 MR.KISHAN PRAJAPATI(7074) for the Petitioner(s) No. 1 MS JIRGA JHAVERI AGP for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 09/01/2023 FARAD (PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK) For the reasons stated in the oral judgment dictated today, the Hon'ble Court has passed the following order:-

"6. In view of above, we are inclined to allow the petition, because simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act and no other relevant and cogent material exists for invoking power under section 3(2) of the Act. In the result, the present petition is hereby allowed and the impugned order of detention dated 23.11.2022 passed by the respondent - detaining authority is hereby quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case.

7. Rule is made absolute accordingly. Direct service is permitted.

8. Registry is directed to send the copy of the order to concerned jail authority through email/fax forthwith."

SURESH SOLANKI PPS/PS